Terms & Conditions of nöm AG
Our prices are shown as net prices, payable and due immediately upon receipt of the invoice without any deductions. Offsetting is excluded. We reserve the right of ownership of the object of purchase or resale proceeds until full payment.
Payment conditions are shown separately on our invoices. Payments are to be made exclusively to the account stated. In the case of default of payment, we are entitled to claim the statutory default interest. Additionally, the defaulting customer must reimburse all costs incurred in debt collection by third parties (e.g. credit rating companies, etc.), as well as pre- and procedural costs and the like. Deductions can be granted only on the basis of previously obtained consent or credit granted.
Jurisdiction for both parties is the responsible court in Vienna, Inner City.
Credit unworthiness or non-payment of an overdue bill after notice entitles us to withdraw without compensation. In cases of late payment, a then-valid higher list price can be claimed.
We are to be notified immediately of access by third parties to goods delivered under retention of title or to possible assigned claims.
Arrears, insolvency and application for the opening of insolvency proceedings make any claims due immediately. Incoming payments shall be used to pay the oldest debt first, then against charges and interest, and then on the open interest and costs.
If, after the conclusion of the contract, customs, freight or taxes increase or difficulties in purchase or contract-aggravating cases occur, we are entitled to partially or completely withdraw from the contract without compensation, or if an invoice is not yet issued from our side, to charge an appropriate surcharge.
Verbal collateral agreements and subsequent amendments shall only be valid when verifiably confirmed by us.
Our terms and conditions shall remain effective as part of the contract also in cases of adverse delivery and payment terms in conditions, order confirmations, etc. as long as there is no express written approval of deviations on our part. These conditions shall apply to further shipments even without renewed agreement.
Justified complaints can only be considered if they are made in writing immediately upon receipt of the consignment and with justification, if necessary. Rejected goods shall be properly handled and stored. Returns can only be made with our consent. In addition, no liability shall be assumed to companies according to product liability law.
Unused containers remain our inalienable property and must be returned immediately. All products must be stored in accordance with the storage conditions printed on the package.